Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698928462987.pdf (Micronesia, Federated States of)
SEVENTEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION, 2011 C.B.

NO.

17-68__________ A BILL FOR AN ACT To further amend title 11 of the Code of the Federated States of Micronesia, as amended by Public Law No.
11-72, by creating a subchapter I under chapter 6 consisting of existing sections 601 through 610; creating a new subchapter II under chapter 6 defining crimes relating to trafficking in persons and related offenses, and prescribing appropriate penalties for their violation, and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Title 11 of the Code of the Federated States 2 of Micronesia, as amended by Public Law No.
11-72, is hereby 3 further amended by creating a new subchapter I under chapter 6 4 entitled “General Offenses”, comprised of existing sections 601 5 through 610.

6 Section 2.

Title 11 of the Code of the Federated States 7 of Micronesia, as amended by Public Law No.

11-72, is hereby 8 further amended by inserting a new subchapter II under chapter 9 6, entitled “Trafficking in Persons”.

10 Section 3.

Title 11 of the Code of the Federated States 11 of Micronesia, as amended by Public Law No.
11-72, is hereby 12 further amended by inserting a new section 611 to subchapter II 13 of chapter 6, to read as follows: 14 15 16 17 “Section 611.

Citation.

This act shall be known Formatted: Font: Courier Formatted: Font: Courier and may be cited as the Trafficking in Persons Act of 2011.” Section 4.
Title 11 of the Code of the Federated States CBL 17-77 Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt, No widow/orphan control Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier C.B.

NO.

17-68C.B.

NO.

__________ 1 of Micronesia, as amended by Public Law No.

11-72, is hereby 2 further amended by inserting a new section 612 to subchapter II 3 of chapter 6, to read as follows: “ Section 612.

Definitions.
Definitions.

(1) ‘Child’ means any person below the age of eighteen at the time of the commission of an offense under this chapter.

(2) ) “Commercial carrier” means a legal p e r s o n or natural person that engages in international or interstate transportation of goods or people for commercial gain.

(3) “Forced labor or services” means all work or service that is exacted from any person under the threat of any penalty and for which the person concerned has not offered himself or herself voluntarily.
Formatted: Font: Courier Formatted: Indent: Left: 0.88", First line: 0", Line spacing: Exactly 24 pt, No widow/orphan control Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier (4) “Prostitution .
(5) “Exploitation” means sexual servitude, or Formatted: Font: Courier Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt Formatted: Indent: Left: 0.88", First line: 0", Line spacing: Exactly 24 pt exploitation of another person’s prostitution, forced Formatted: Font: Courier Formatted: Font: Courier labor or services, or obtaining labor or services, through deceit, fraud, or by means of a material misrepresentation.
(6) “Exploitation of another person’s prostitution” Formatted: Font: Courier Formatted: Font: Courier means the unlawful obtaining of financial or other 2 of 9 C.B.

NO.

17-68C.B.

NO.

__________ 1 2 3 material benefit from the prostitution of another person.” Section 5.

Title 11 of the Code of the Federated States 4 of Micronesia, as amended by Public Law No.
11-72, is hereby 5 further amended by inserting a new section 613 to subchapter II 6 of chapter 6, to read as follows: “ Section 613.

Offense of human smuggling.
A person who knowingly or recklessly arranges or assists another person’s illegal entry into any country, including the Federated States of Micronesia, of which the other person is not a Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt, No widow/orphan control citizen and has no lawful right to enter shall be guilty of human smuggling, regardless of whether the smuggled person successfully arrives in the receiving country.
Upon conviction, a person guilty of this offense shall be imprisoned for not more than 10 years, fined not less than $5,000 but not more than $20,000, or both.” Formatted: Font: Courier Formatted: Font: Courier Section 6.

Title 11 of the Code of the Federated States 20 of Micronesia, as amended by Public Law No.

11-72, is hereby 21 further amended by inserting a new section 614 to subchapter II 22 of chapter 6, to read as follows: 23 24 25 “ Section 614.

Offense of aggravated human smuggling.


A person who engages in human smuggling as defined under section 613 of this title under 3 of 9 Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt, No widow/orphan control C.B.

NO.

17-68C.B.

NO.
NO.

17-68C.B.

NO.

__________ circumstances in which the life or safety of a smuggled person is, or is likely to be, endangered Formatted: Font: Courier shall be guilty of aggravated human smuggling, regardless of whether the smuggled person successfully arrives in the receiving country.
Upon conviction, a person guilty of this offense shall be imprisoned for not more than 15 years, fined not less Formatted: Font: Courier than $5,000 but not more than $25,000, or both.” Formatted: Font: Courier Section 7.

Title 11 of the Code of the Federated States 10 of Micronesia, as amended by Public Law No.

11-72, is hereby 11 further amended by inserting a new section 615 to subchapter II 12 of chapter 6, to read as follows: “Section 615.
Offense of human trafficking.
A Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt, No widow/orphan control person who knowingly recruits, transports, transfers, Formatted: Font: Courier harbors or receives another person for the purpose of Formatted: Font: Courier exploitation, by threat, use of force, abduction, fraud, deception, abuse of power or the giving or receiving of payments or benefits to achieve the consent of a person having control over another Formatted: Font: Courier Formatted: Font: Courier person shall be guilty of human trafficking.
Upon Formatted: Font: Courier conviction, a person guilty of this offense shall be imprisoned for not more than 15 years, or fined not less than $5,000 but not more than $25,000, or both.” Section 8.

Title 11 of the Code of the Federated States 25 of Micronesia, as amended by Public Law No.

11-72, is hereby 4 of 9 C.B.

NO.

17-68C.B.

NO.

__________ 1 further amended by inserting a new section 616 to subchapter II 2 of chapter 6, to read as follows: “ Section 616.
Offense of trafficking in children.

Formatted: Font: Courier Formatted: Font: Courier A person who knowingly recruits, transports, transfers, or receives a child into or out of the Federated States of Micronesia by any means for the Formatted: Font: Courier Formatted: Font: Courier Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt, No widow/orphan control purpose of exploitation shall be guilty of child trafficking.
Upon conviction, a person guilty of Formatted: Font: Courier this offense shall be imprisoned for not more than 30 years, or fined not less than $5,000 but not more than $50,000, or both.” Formatted: Font: Courier Section 9.

Title 11 of the Code of the Federated States 13 of Micronesia, as amended by Public Law No.

11-72, is hereby 14 further amended by inserting a new section 617 to subchapter II 15 of chapter 6, to read as follows: “ Section 617.
Offense of exploiting a trafficked person.

A person who knowingly engages or Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt, No widow/orphan control Formatted: Font: Courier participates in or profits from the exploitation of a Formatted: Font: Courier trafficked person shall be guilty of an offense.
Upon conviction, a person guilty of this offense shall be imprisoned for not more than 10 years, or Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier fined not less than $5,000 but not more than $20,000, or both.” Formatted: Font: Courier Section 10.

Title 11 of the Code of the Federated States 25 of Micronesia, as amended by Public Law No.

11-72, is hereby 5 of 9 C.B.

NO.

17-68C.B.

NO.


__________ 1 further amended by inserting a new section 618 to subchapter II 2 of chapter 6, to read as follows:”.

3 “ Section 618.

Consent of trafficked or smuggled person irrelevant.
Consent to the act or acts constituting an offense on the part of smuggled person under sections 613 and 614, and trafficked person under sections 616 and 617, is not a legal defense.” Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt, No widow/orphan control Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Section 11.
Title 11 of the Code of the Federated States 10 of Micronesia, as amended by Public Law No.

11-72, is hereby 11 further amended by inserting a new section 619 to subchapter II 12 of chapter 6, to read as follows: “ Section 619.

Immunity of trafficked person.
A trafficked person shall not be subject to criminal prosecution with respect to: (1) the act of human trafficking; (2) that person’s entry into the receiving country; (3) that person’s unlawful residence in the receiving country; and Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt, No widow/orphan control Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Indent: Left: 0.88", First line: 0", Line spacing: Exactly 24 pt, No widow/orphan control, Tab stops: 1.5", Right + 1.63", Left + Not at 1.38" Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier (4) that person’s procurement or possession of Formatted: Font: Courier any fraudulent travel or identity document.” Section 12.
Title 11 of the Code of the Federated States 24 of Micronesia, as amended by Public Law No.

11-72, is hereby 25 further amended by inserting a new section 620 to subchapter II Formatted: Font: Courier 6 of 9 Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier C.B.

NO.

17-68C.B.

NO.

__________ 1 of chapter 6, to read as follows: “ Section 620.
Scope of application.
The offenses Formatted: Font: Courier Formatted: Font: Courier defined in this chapter shall apply regardless of Formatted: Font: Courier whether the conduct constituting an offense took place inside or outside the jurisdiction of the Federated States of Micronesia if: (1) the Federated States of Micronesia is the receiving country, or if the exploitation occurs Formatted: Font: Courier Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt, No widow/orphan control, Tab stops: 1.88", Right + 2", Left + Not at 1.38" + 1.5" Formatted: Font: Courier Formatted: Font: Courier herein; or (2) the acts or conduct constituting an offense Formatted: Font: Courier Formatted: Font: Courier under this chapter started, ended or occurred in part in the jurisdiction of the Federated States of Micronesia; or (3) the offense is committed by a national of the Formatted: Font: Courier Formatted: Font: Courier Federated States of Micronesia or by a person who is not a citizen of any country but has his or her habitual residence in t he Fe de ra te d S ta te s of Mi cr on es ia at the time of the commission of the offense; or (4) the offense is committed against a victim who Formatted: Font: Courier Formatted: Font: Courier is a national of the Federated States of Micronesia.” Formatted: Font: Courier Section 13.
Title 11 of the Code of the Federated States 23 of Micronesia, as amended by Public Law No.

11-72, is hereby 24 further amended by inserting a new section 621 to subchapter II 25 of chapter 6, to read as follows: 7 of 9 C.B.

NO.

17-68C.B.

NO.

__________ “ Section 621.

Offense relating to fraudulent Formatted: Font: Courier Formatted: Font: Courier travel or identity documents.
A person who makes, Formatted: Font: Courier obtains, gives, sells, or possesses fraudulent travel Formatted: Indent: Left: 0.88", Line spacing: Exactly 24 pt, No widow/orphan control or identity documents or supporting papers for the purpose of facilitating human smuggling or human trafficking or for the purpose of facilitating the Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier continued presence of a smuggled or trafficked person in the receiving country shall be guilty of an offense.
Upon conviction, a person guilty of this Formatted: Font: Courier offense shall be imprisoned for not more than 8 years, or fined not less than $5,000 but not more than $15,000, or both.” Section 14.

Title 11 of the Code of the Federated States 14 of Micronesia, as amended by Public Law No.

11-72, is hereby 15 further amended by inserting a new section 622 to subchapter II 16 of chapter 6, to read as follows: “ Section 622.

Obligation of commercial carriers.


Formatted: Indent: Left: 0.88", First line: 0", Line spacing: Exactly 24 pt, No widow/orphan control (1) A commercial carrier shall verify that every passenger possesses the necessary travel documents, including passports, visas and other supporting papers, to enter the destination country and any Formatted: Font: Courier Formatted: Font: Courier Formatted: Font: Courier Formatted: No underline Formatted: Font: Courier Formatted: Font: Courier transit countries.
(2) The requirement in subsection (1) of this Formatted: Underline Formatted: Underline section applies both to staff of the commercial Formatted: Font: Courier carrier selling or issuing tickets, boarding passes Formatted: Font: Courier 8 of 9 C.B.

NO.

17-68C.B.

NO.

__________ or similar travel documents and to staff collecting or checking tickets prior to or subsequent to boarding.
(3) Commercial carriers, or persons Formatted: Underline Formatted: Font: Courier referred to under subsection (2) of this section, which fail to comply with the requirements Formatted: Font: Courier of this section shall be fined $ 1 , 0 0 0 f o r e v e r y p a s s e n g e r .

Repeated failure to comply may be sanctioned by revocation of license, permit, certificate or authority to operate.” Section 15.
This act shall become law upon approval by 12 the President of the Federated States of Micronesia or upon its 13 becoming law without such approval.

14 15 Date: 11/9/11 Introduced by: /s/ Florencio S. Harper 16 17 18 19 Florencio S. Harper (by request) 20 Date: ________Introduced by: __________________________ Formatted: Font: Courier 21 22 Harper 23 24 25 Florencio Singkoro (by request) 9 of 9 C.B.

NO.

17-68C.B.

NO.

__________ of 9